Section 202-BB. Rural area flexibility analysis

1. Intent. The legislature
  hereby finds, determines and declares that:
    (a) The capacity of public and private sector interests in rural areas
  to respond to state  agency  regulations  is  often  constrained  by  an
  operating  environment  distinctly different from that found in suburban
  and metropolitan areas of the state;
    (b) Factors such as population sparsity, small community size, limited
  access to  financial  and  technical  assistance,  undeveloped  services
  delivery  systems,  lack of economies of scale and extensive reliance on
  part-time and volunteer services providers  inhibits  rural  ability  to
  effectively   address  increasingly  complex  and  stringent  regulatory
  requirements;
    (c)  In  order  to  maximize  sensitivity  to  rural   strengths   and
  limitations,  the  state  must  continue  to  promote  a framework which
  enhances state and local cooperation in meeting rural needs; and
    (d) Enhancement of this chapter to include a more thorough  assessment
  of  regulatory  impact  and  alternatives for rural areas can provide an
  improved dialogue on critical issues, while fostering  a  more  cohesive
  and effective state/local partnership.
    2.  Authorization.  (a)  In  addition  to,  and  consistent  with, the
  provisions of sections two hundred two-a and two hundred two-b  of  this
  article, agencies shall seek approaches that allow them to address their
  statutory responsibilities while considering the impact of their actions
  on  public  and  private  sector interests located in rural areas of the
  state.
    (b)  In  developing  a  rule,  the  agency  shall  consider  utilizing
  approaches  that  will  accomplish the objectives of applicable statutes
  while minimizing any adverse impact of the rule on  public  and  private
  sector  interests  in  rural  areas.  Consistent  with the objectives of
  applicable statutes, the agency shall consider such approaches as:
    (i)  the  establishment   of   differing   compliance   or   reporting
  requirements   or  timetables  that  take  into  account  the  resources
  available to rural areas;
    (ii) increased use of performance or  outcome  standards  rather  than
  design or input standards; and
    (iii)  an exemption from coverage by the rule, or by any part thereof,
  so long  as  the  public  health,  safety  or  general  welfare  is  not
  endangered.
    3.  In  proposing  a  rule  for  adoption  or in adopting a rule on an
  emergency basis,  the  agency  shall  issue  a  rural  area  flexibility
  analysis regarding the rule being proposed for adoption or the emergency
  rule being adopted. A copy of such analysis and any finding, and reasons
  for  such  finding,  pursuant to this section, shall be submitted to the
  governor, the temporary president of the  senate,  the  speaker  of  the
  assembly,  the  office  for regulatory and management assistance and the
  administrative regulations review commission at the time  such  analysis
  is submitted to the secretary of state for publication and, upon written
  request,  a  copy  shall  be  sent  to any other person. Each rural area
  flexibility analysis shall contain:
    (a) A description of the types and an estimate of the number of  rural
  areas to which the rule will apply;
    (b)  A  description  of  (i)  the  reporting,  recordkeeping and other
  compliance requirements of the rule, and (ii) the kinds of  professional
  services that are likely to be needed in a rural area in order to comply
  with such requirements;
    (c)  An  estimate  of the initial capital costs and an estimate of the
  annual cost of complying with the rule, with an indication of any likely

  variation in such costs  for  different  types  of  public  and  private
  entities in rural areas;
    (d)  An indication of how the rule is designed to minimize any adverse
  impact of such rule on  rural  areas,  including  information  regarding
  whether  the  approaches suggested in subdivision two of this section or
  other similar approaches were considered; and
    (e) A statement indicating how the agency  complied  with  subdivision
  seven of this section.
    4.   (a)  This  section  shall  not  apply  to  any  rule  defined  in
  subparagraph (ii) of paragraph (a) of subdivision  two  of  section  one
  hundred  two  of this chapter, nor shall it apply to any rule which does
  not impose an adverse impact on rural areas and which the  agency  finds
  would   not   impose   reporting,   recordkeeping  or  other  compliance
  requirements on public or private entities in rural areas. The  agency's
  finding  and the reasons upon which the finding was made, including what
  measures the agency took to ascertain that the  rule  would  not  impose
  such compliance requirements or adverse impact, shall be included in the
  rule  making  notice  as  required  by  section  two hundred two of this
  chapter.
    (b) A rule determined by an agency to be a consensus rule and proposed
  pursuant to subparagraph (i) of paragraph  (b)  of  subdivision  one  of
  section  two  hundred  two  of  this  article  shall  be exempt from the
  requirements of this section.
    5. In order to avoid duplicative action,  an  agency  may  consider  a
  series of closely related rules as one rule for the purpose of complying
  with subdivision three of this section.
    6.  In  complying  with  the  provisions  of subdivision three of this
  section, an agency  may  provide  either  a  quantifiable  or  numerical
  description  of  the  effects  of  a  rule  or  more general descriptive
  statements if quantification is not practicable or reliable.
    7. When any rule is  proposed  for  which  a  rural  area  flexibility
  analysis  is  required,  the agency shall assure that public and private
  interests in rural areas have been given an opportunity  to  participate
  in the rule making through such activities as:
    (i) the publication of a general notice of the proposed rule making;
    (ii)  notification  of  public  and  private  interests in rural areas
  directly affected by the proposed rule;
    (iii) the conduct of special public hearings  or  meetings  concerning
  the proposed rule for those public and private interests affected by the
  rule; and
    (iv) the adoption or modification of agency procedural rules that will
  minimize the cost or complexity of participation in the rule making.
    8.  Each  agency shall issue a revised rural area flexibility analysis
  when:
    (a) the information presented in the analysis  submitted  pursuant  to
  this  section  is  inadequate  or  incomplete,  provided,  however, such
  revised analysis shall be  submitted  as  soon  as  practicable  to  the
  secretary  of  state  for  publication  in the state register, provided,
  further, if such statement exceeds two thousand words, the notice  shall
  include  only  a  summary  of  such  statement in less than two thousand
  words;
    (b) a proposed  rule  contains  any  substantial  revisions  and  such
  revisions necessitate that such analysis be modified; or
    (c)  there are no substantial revisions in the proposed rule but there
  are changes in the text of the rule as adopted when  compared  with  the
  text  of  the  latest  published  version  of the proposed rule and such
  changes would necessitate that such analysis be modified.